private nuisance Flashcards
✩ What is the definition of private nuisance?
An indirect unlawful interference with a person’s enjoyment and use of his land.
✩ What is the main type of nuisance used?
Loss of amenity!
(nuisance by interference with a neighbours quiet enjoyment of his land - Hunters).
✩ What are the key characteristics of a private nuisance?
- claimant must have interest in the land,
- must be an unreasonable use of the land which is the source of the nuisance (Tate Gallery) ,
- claimant must suffer some harm.
What does an interest in the land mean? give key case too!!
It means a person must own/have a right over the land (Malone: wife didn’t have land interest due to being family).
Why do we need to determine unlawfulness?
If it becomes unlawful then it become unreasonable use of land! (remember: balance of conflicting interest of neighbours).
What are the factors for considering unlawfulness?
- claimant sensitivity.
- duration.
- locality + character of the area.
- malice on d’s part.
- seriousness: activity interfere with neighbours.
What do we ask for claimant sensitivity?
- standard of tolerance: is it of a reasonable person and ordinary land use?
-abnormally sensitive claimants are unlikely to succeed for a claim!!
What does duration determine?
If a pn has been created, due to the more often it happens the more likely it is to be a nuisance.
What are the 2 key cases for duration?
- halsey (nuisance created at night).
- crown river cruises (short term display = nuisance).
What does locality look at?
- comparing different areas!
- sturges v bridgman!
What can an act of malice cause?
a successful action for pn, even if D is abnormally sensitive. if they deliberately do it to annoy them, it goes from lawful to unlawful.
What is the key case of act of malice?
hollywood silver fox: neighbour shot shotgun to disrupt breeding, allowing the C to claim an injunction.
What may be relevant in terms of seriousness?
- level of seriousness.
- time of day.
- physical damage.
- loss of enjoyment.
- interferes ordinary existence.
What is the causation for pn?
- nuisance was reasonably foreseeable.
- cambridge water co ‘foreseeability of damage should be a prerequisite of liability in damages under the rule’.
What is coming to a nuisance?
argues the nuisance was ongoing long before the claim.
What is the key pn case?
miller v jackson!!: c moved next to cricket club. she was given some money due to it being a private nuisance but the court looked at coming to a nuisance and social utility.
What is social utility?
the usefulness to society and whether C may have to put up with it! (typically it reduced an injunction).
What are the defences for pn?
- statutory authority.
- prescription.
What is statutory authority?
defence if C can show that their conduct was authorised by law such as the Civil Aviation Act 1982.
What are the remedies for pn?
- damages.
- injunctions: prohibiting, seek remedy, complete ban, defined limits.
What is the structure for pn?
- define.
- characteristics: interest, source, harm.
- unlawfulness.
- factors.
- causation
- social utility.
- defences/coming to a nuisance.
- remedies.
